Welcome to our monthly newsletter, with a summary of the latest news and developments in UK employment law.
In this issue
- Case law updates
- Legislative developments
- Other news
- New Guidance
- Consultations
Recent publications
Case law updates
Disability discrimination – menopause:
An employment tribunal (ET) has found an employer liable for discrimination arising from disability, and a failure to make reasonable adjustments after giving a menopausal employee a low appraisal rating and a written warning about her performance, and withdrawing sick pay when she was subsequently off work. Despite the employer providing a variety of support (including additional training, daily management advice and support, occupational health (OH) referrals, a change in role and counselling through the employee assistance programme), the ET considered that more should have been done (e.g., OH referral was left too late, the performance management process was inappropriate, and targets could have been adjusted) and that the actions taken were not a proportionate way to achieve their legitimate aims of ensuring staff were performing to deliver a quality and efficient service; less discriminatory alternatives could and should have been explored. Although the decision is not binding and may yet be appealed, this case demonstrates the difficulties with managing disabled employees who are falling behind expected...
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